Letter: Veterans deserve more than words

Veterans have earned

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southcoasttoday.com

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Posted May. 17, 2014 at 12:01 AM

Posted May. 17, 2014 at 12:01 AM

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Veterans have earned

more than just words

Veterans across the state are being denied a preference they are entitled to, due to a 20-year-old decision that ruled veterans preference in certain civil service positions does not extend beyond original appointments. That decision, from the 1993 Appeals Court review of Aquino v. Civil Service, determined that, "From our review of Massachusetts General Law Chapter 31), the veterans' preference does not extend to provisionally employed veterans seeking provisional promotions to higher positions."

In a similar case, I had claimed the city of New Bedford had denied me a promotional preference that resulted in my eventual layoff and loss of approximately seven-plus years of employment seniority. Civil Service ruled that "the city did not violate any provisions of the Civil Service law related to veteran preference." I appealed that decision to Bristol County Superior Court and argued before Judge Kane that Civil Service (and the state Appeals Court) had erred 20 years prior when it decided the preference does not extend to promotional appointments and I presented to the court, MGL Chapter 31, Section 3(f): "Preferences to veterans in original and promotional appointments." These eight words are unambiguous in their meaning. The fact that Civil Service is unaware of this section of civil service law is inexcusable. The fact that Judge Kane failed to address this in his decision and actually cited the Aquino case in declaring that veterans preference does not extend beyond original appointments is a miscarriage.

This was recently presented to New Bedford Mayor Jon Mitchell in the hope that he would recognize this longstanding error and take steps to address it. I suggested he and several city councilors seek an opinion from the council's attorney.

So as Memorial Day approaches, I expect the mayor and local politicians will show up at the memorials and offer up words of praise and gratitude for veterans who have served and sacrificed. There has been no support of my request for them to offer real support to veterans.

Their actions (or lack of) speak much louder than any of their words will, and I hope that the city's veterans can see this. Talk is cheap.